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HomeMy WebLinkAbout1978 08-01 CC MIN210 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 1, 1978 The regular meeting of the City Council of the City of National City was called to rder at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Asst. to the City Manager Ballard, Campbell, Gerschler, Hoffland, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. to the City Mgr. Ballard followed with invocation by the Rev. Larry Beardsley, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of July 25, 1978 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "MUNICIPAL TREASURER'S WEEK," August 6-12, 1978. Moved by Camacho, seconded by Van Deventer, the proclamation be adopted, Carried by unanimous vote. Mayor Morgan commended City Treasurer Ida Mae Kerr on the fine job she has done for the City. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS --- Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,806, "RESOLuTION APPROVING TENTATIVE SUBDIVISION MAP ON PROPERTY LOCATED BETWEEN 3110 AND 3140 SWEETWATER ROAD, (THE BONITA AFFAIR),." Moved by Camacho, seconded by Waters, Resolution No. 12,806 be adopted. Carried by unanimous vote. Resolution No. 12,807, "RESOLUTION CONCURRING IN THE FIRST AMENDMENT TO THE SAN DIEGO REGIONAL SOLID WASTE PLAN." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,807 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 12,808, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (Z-9-78, to allow a maximum driveway slope of 17.875% in lieu of the 15% maximum allowed by the Land Use Code at 940 Palm Avenue - Fred Meyer)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,808 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 12,809, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS, KIMBALL PARK PROJECT (Phase III A)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,809 be adopted. Carried by unanimous vote. Resolution No. 12,810, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (2' wall in Plaza Boulevard - 1401-1499 Plaza Boulevard - Levine)," Moved by Waters, seconded by Van Deventer, Resolution No. 12,810 be adopted. Carried by unanimous vote. 8/1/78 211 Resolution No. 12,811, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (The Atchison, Topeka & Santa Fe Railway Company [W.S. Stewart and M.W. Lloyd] and the Santa Fe Improve- ment Company [W.R. Hill and Ralph Stroup])." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,811 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Waters, these Ordinances for second reading be by title only. Carried by unanimous vote. Ordinance No. 1635 (7/28/78-4), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-3-78, to rezone the residential zoned area bounded by 4th Street, "R" Avenue, 8th Street, and Palm Avenue, excluding the half block fronting on 4th Street between "Q" and "R" Avenues, to add H-15 (Height Limit Combining Zone, 15' maximum)." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1635 ( /a8/78-1) be adopted. Carried by unanimous vote, Ordinance No. 1636, (7/26/78-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-6-78, to rezone from RM-1 [Residential Multiple] to RS-2 [Residential Single Family] the properties bounded by Plaza Boulevard, Palm Avenue, 14th Street, and the northerly prolongation of the centerline of "N" Avenue [excluding the commercial properties fronting on Plaza Boulevard])." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1636 (7/284//8-a) be adopted. Carried by unanimous vote. Ordinance No. 1637 (7/26/78-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-7-78, [a] to rezone from RM-l-D-20 to RS-2-D-10 the properties on the south side of 4th Street between 2026 thru 2140 inclusive, and the northerly 150 feet of property at 2004 4th Street and [b] to rezone from RM-1-D-20 to RT-D-15 the following properties: the properties on the east side of "T" Avenue, 431 through 535 inclusive; the southerly 50 feet of the property at 2004 4th Street; the lots on the north side of 7th Street from "T" Avenue through 2047 inclusive; the lots on the south side of 7th Street - 2012 through 2048 inclusive; the lots on the north side of 8th Street - 2005 through 2031 inclusive; the parcel between 7th and 8th Streets and adjoining the east side of the properties at 2048 7th and 2031 8th Streets.)" Moved by Waters, seconded by Van Deventer, Ordinance No. 1637 (7/25/78-3) be adopted. Carried by unanimous vote. Ordinance No. 1638 (7/2S//8-4), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-22-78, to rezone the property at southeast corner of intersection at Plaza Boulevard & Euclid Avenue [Assessor's Parcel No. 558-010-47], and properties on west side of Euclid Avenue, 1000-1100 blocks [Assessor's Parcel Nos. 558-010-32, 42, and 53] from CL-PD [Commercial Limited -Planned Development] and RM-1-PD [Residential Multiple Family -Planned Development] to CBD-PD [Central, Business District -Planned Development])." Moved by Waters, seconded by Camacho, Ordinance No. 1638 (7/28/78-4) be adopted. Carried, by the following vote, to -wit: Ayes; Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Ordinance No. 1639 (7/26/78-4), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING ORDINANCE NO. 1490 RELATING TO THE PREPARATION AND DISTRIBUTION OF FOOD." Moved by Waters, seconded by Van Deventer, Ordinance No. 1639 (7/a8//8-8) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 3, dated August 1, 1978, in the amount of $75,327.92 (Warrants Nos. 62545 through62602) was presented. Moved by Camacho, seconded by Van Deventer, these be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 8/1/78 212 City Manager Gill's recommendation the City Attorney pursue the matter of overcrowding in school attendance areas, CHULA VISTA SCHOOL DISTRICT (Chula Vista School District requested implementation and concurrence in their Board's findings and resolution pursuant to SB 201) was presented. There was discussion. Moved by Van Deventer, seconded by Dalia, in favor of staff's recommendation to refer to City Attorney. Carried by unanimous vote. The City Engineer's 1911 ACT ASSESSMENT PROCEEDING REPORT FOR ALLEY PAVING between 2nd and 3rd Streets and "D" Avenue and "E" Avenue (petitioners of 66% of the benefit area adjacent to the alley between 2nd and 3rd Sts. and "D" and "E" Aves. requested the alley be paved under 1911 Act proceed- ings; staff recommends CouncA. accept the 1911 Act petition and order the City Engineer to prepare report, plans and specifications) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Engineer's recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DEFERRAL OF STREET IMPROVEMENTS at 2425 "D" Avenue, Hatchell (the property owner has applied for deferral and agreed to sign a Covenant not to protest a 1911 Act for street improvements on RoseEkive; it is recommended this be approved providing the property owner signs a Covenant) was presented. Moved by Camacho, seconded by Dalla, in favor of the Engineering Department's recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DEFERRAL OF ALLEY IMPROVEMENTS, Morris, 700 E. 24 Street (the applicant requests deferral and agrees to sign a Covenant not to protest a 1911 Act alley improvement project;applicant may request an alley vacation; staff recommended approva providing the property owner signs the Covenant) was presented. Moved by Camacho, seconded by Dalla, in favor of staff's recommendation. Car- ried by unanimous vote. The Director of Public Works' recommendation to APPROVE DEFERRAL OF ALLEY IMPROVEMENTS adjacent to 310 E. 27 St., Goffin (the property owner has posted a cash bond but wishes to substitute a Covenant not to protest a 1911 Act for alley improvements; due to the long duration estimated to be necessary for the deferral and due to the current inflation rate, a Covenant will be in the City's interest; staff recommends approval provid- ing the property owner signs a Covenant) was presented. Moved by Waters, seconded by Camacho, in favor of item 20, 310 E. 27 Street deferral. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DEFERRAL OF STREET IMPROVEMENTS on Harbison Ave. adjacent to 2124 and 2128 Rachael, Getter (the property owner has applied for deferral of requirements to install street improvements on Harbison Ave. adjacent to his properties; there are currently no other improvements and a 1911 Act improvement would provide a better method of construction; the property owner has agreed to sign a Covenant not to protest a 1911 Act for street improvements; staff recommends approval providing the property owner signs a Covenant) was presented. Moved by Dalia, seconded by Camacho, in favor of staff recommendation. Carried by unanimous vote. OTHER BUSINESS PLANNING FINAL SUBDIVISION MAP, SHELL MANOR (The Planning Commission in their meeting of July24, 1978, approved the final map for this subdivision with the condition that the Council not take action to adopt the final map until the subdivider complies with Item 7 of Council Resolution 12,579... "All owners of record and of easements that can ripen into a fee title shall be indicated or referenced on the final map;" the subdivider has submitted the information required by Item 7; staff concurs with the Planning Commission's recommendation to approve this final map) was pre- sented. FRED PUHN, 425 Shell Ave., was present and said he lives across the street from this subdivision; although he is not opposed to the sub- division, he is concerned about the fact that the streets surrounding it 8/1/78 213 will be affected; Shell is not a dedicated street, it's a dirt path; now it's about 30' wide, the map indicated 20' of paving; there will be increased traffic and a reduction of width of the street. Plan. Dir. Gerschler stated there is now an undedicated travel way on Shell Ave.; the City's policy on subdivisions is to require the dedication and im- provement of a half street, in this case along Shell; when the other half of -the street is developed to the east, it will provide the other half and you will have a full street. City Engr. Hoffland said portions of Shell now have some temporary paving; after the improvement of the half street in the subdivision, it is anticipated there will be space for two travel lanes and parking on the subdivision side, but there won't be any dedication on the east side until that land is developed, although there are probably some prescriptive rights in there now. Mr. Puhn stated that isn't so; the entire travel lane is on an area outside his property line and they are going to put the end of the pavement at the end of his property line and they are going to put the end of the pave- ment at the end of his property line and the portion of it on this side, which is part of the development will be narrowed, so actually the devel- oper is gaining a little more land and the street is getting narrower. Mayor Morgan asked if the City could run temporary paving up in there to make sure cars could pass each other. Mr. Puhn replied he would allow this if the developer would give up a like amount of land on his side. Mayor Morgan suggested getting Mr. Puhn and the developer together to run a temporary six ft. strip along the street. Mr. Puhn said he's not inter- ested in giving up some of his land for a temporary street and maybe in the future having to move the line one more time; if it were the final place where the street was he'd go along with it. Mayor Morgan stated that when this map is approved, the street won't move, that will be the final place. Mr. Puhn baid the area below the subdivision, below the water tank, the hill does not have any sidewalks; the road is narrow and bumpy and the walking area is dangerous; this is a problem, when the subdivision goes in the traffic will increase; the hazard that is there will get worse; the City should think about this. Mayor Morgan stated it would be difficult for the City to go outside of the boundary of a subdivision and force the developer to put in improvements; he is put- ting in new streets, gutters, and a permanent street pertaining to his development; if there is a safety problem the City Engineer will work on it with the Traffic Safety Committee. Moved by Morgan, seconded by Camacho, we approve it. Carried by unanimous vote. FINAL SUBDIVISION MAP, LAS PALMAS PARK VILLAS, 24th Street, west of 1-805 (the Planning Commission at their July 24th meeting approved the final map for this subdivision with the condition that the Council not take action to adopt the final map until Items 7, 21 and 22 of Council Resolution 12,633 be complied with; the subdivider has at this time submitted information required by items 7, 21 and 22 of the Council Resolution; staff recommends approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of Item 23, final subdivision map of Las Palmas Park Villas. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Item 24, Planning Commission Resolution No. 64-78, denying application for zone variance to allow reduction in required setbacks in conjunction with proposed development of a 41-unit motel located between Roosevelt and National Avenues, 600 block (Z-6-78); and, Item 25, Planning Commission Resolution No. 65-78, denying application for planned development permit to allow development of a 41-unit motel with Manager's apartment on property between Roosevelt Avenue and National Avenue, 600 block (PD-111). City Clerk Campbell stated both these Items have been appealed. Moved by Waters, seconded by Camacho, these be laid over for a ublic hearing to August 22nd provided they have paid their fees. Carried by unanimous vote. Item 26, Planning Commission Resolution No. 66-78, approving an appli- cation for conditional use permit to allow a single -story addition to an existing single-family dwelling that will encroach 7' into the required 25'-O' rear yard setback on property at 2802 E 15 Street (CUP 1978-14); 8/1/73 214 Item 27, Planning Commission Resolution No. 68-78, Approving application for conditional use permit to allow a Venus de Milo ladies figure reducing salon on property at 3142 Plaza Blvd., Unit "G" (CUP 1978-15); Item 28, Planning Commission Resolution No. 67-78, amending Planning Commission Resolution No. 55-78, approving application for planned development permit at 740 E. 3 Street (PD-115). Item 2 thro^; 28 ordered riled y unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MORGAN - No report. Item 29, a request from Pappy's Motors (due to construction, the inter- section of 16th and National has been closed; his lot has been hampered by repair trucks, dirt, noise and a lack of traffic which is affecting him financially) was presented. Mayor Morgan stated this rightly should be referred to the City Attorney. Councilman Waters stated a sewer pipe is laying on his landscaping along the fence; this is not necessary. City Engineer Hoffland stated the contractor will repair any damage that has been done. BENITO DEICHTER, Owner of Pappy's Motors, was present and urged Council to act on his request; he worked hard for this business and is in need of some kind of financial help from the City so he can continue to operate his business. Mayor Morgan stated the proper place for this is with the City Attorney. Moved by Dalla, seconded by Van Deventer, this be referred to the City Attorney. There was further discussion. Carried by unanimous vote. CITY COUNCIL VICE MAYOR CAMACHO stated he and Councilman Van Deventer, will represent the City at Expo '78 in Ensenada this coming Friday. PUBLIC HEARINGS THE CONTINUED FEARING on the matter of hazardous conditions, SHOPPING CENTER PARKING lot at 1750 E. 8 Street, Lucky Market was held at this time. PLANNING DIR. GERSCHLER stated an inspection was made today; substantial improvements had been made on the property; the potential public nuisance hazards that were reported have been taken care of; staff recommends that these proceedings be dismissed. No one was present in this regard. Moved by Camacho, seconded by Waters, this hearing be closed and go according to Mr. Gerschler's recommendation. Carried by unanimous vote. THE HEARING ON APPEAL OF PLANNING COMMISSION APPROVAL OF PLANNED DEVELOPMENT PERMIT to allow development of TWO ADDITIONAL DWELLING UNITS on property located at 420 "E" Avenue, PD-112 (the application involves the development of a single -story duplex on property presently developed with a single-family dwelling; each dwelling unit, including the exist- ing one will have its own private patio, a total area of which will exceed the minimum area required by the Land Use Code for useable open space per unit; the commission approved this application subject to two conditions; staff recommends denial of this application on the grounds that Council on July 25 adopted Ord. 1631 rezoning this property to D-10; when that ordinance becomes effective, only one single family dwelling will be allowed on the site) was presented.. City Clerk Campbell stated the Certificate of Mailing and Affidavit of Publication were on file. Planning Director Gerschler stated the Planning Commission recommends approval. In answer to the question of building only one additional unit on this space, Plan. Dir. Gerschler stated the attorney has advised that this can be done; if Council wishes to approve a single dwelling, Council could ask that the case be continued until a plan for the single dwelling is received; or approve this plan with the stipulation that it would be only one dwelling instead of two. DON REYNOLDS, 4190 Bonita Road, JUSTO PARDO, 303 Laurel Avenue, were present together at the podium; Mr. Reynolds stated Mr. Pardo was out .of town when this first 8/1/78 215 was presented and Mr. keynoldspresented it to the Planning Commission; they submitted this back in April; the Planning Commission wanted the parking amended; this was resubmitted and the Planning Commission did approve it; the downzoning of the area since has been approved; they went to the neighborhood and polled the neighbors on their proposed plan; they have since been aware that Council is not receptive to their plans; the neighbors were in favor of the plan because Mr. Pardo was able to, with two units, improve the alley behind there with no charge to the neighbors; their biggest concern was getting enough off-street parking; there are apartments in the area with no provisions for that and there are provisions in their plans. Mr. Reynolds stated if he were allowed to put in two units, he would put in the entire alley. The question was asked if the Planning Department had advised these gentlemen that this was in a proposed rezoning area. Mr. Pardo stated when he first approached the Department he was told he could put in two more units; this was in February. Mr. Gerschler stated it is the policy of the department to notify the owners of any proposed change. Mr. Reynolds stated that rather than be turned down completely, Mr. Pardo would like to reach a compromise of adding one single-family dwelling with two -car garage besides the one unit already on the property; in this case he could only afford to improve the alley behind the property, but not the entire alley; this wouldn't be economically feasible. They were asked if they have notified the neighbors of this change and of not paving the alley. Mr. Reynolds stated they hadn't. It was recommended they do this. There was further discussion. Moved by Morgan, seconded by Waters, we authorize him to 22o ahead with his one unit and the Planning Commission would approve anything that he would build, and close the public hearing. Carried by unanimous vote. The HEARING on APPEAL of Planning Department notice of intention to ABATE AND REMOVE an abandoned, wrecked, dismantled, or inoperative VEHICLE or parts there of as a public nuisance at 2605 Seawind Drive, ZV- 78-66 (the property owner, Eleanor Gonzales and vehicle owner, Melvin Crossley were notified by certified letters dated 7/17/78 that the 1961 Studebaker, located on the property, would be removed if not removed by the owner within 10 days of receipt of said notice; an appeal has been filed verbally with the City Manager; staff recommends that a finding be made that this inoperative vehicle be declared a public nuisance and ordered to be removed from the premises) was held at this time. MELVIN CROSSLEY, 2506 Seawind Drive, owner of the "classic" automobile, was present and stated he is now married to Eleanor Gonzalez; he is waiting to restore this car; the kids at school are going to overhaul the engine; he has done most of the work, but the kids are goingtto put in new rings, bearings, valves, etc.; the vehicle has been sitting there for a little over a year; he's waiting for the school to have room to work on the car. Mr. Crossley stated this car is not a nuisance; some- one in the neighborhood is against him because of dogs, so he turned him in; there are five cars in the area in just the same condition as his. Mr. Crossley stated he's a taxpayer and intends to keep the car. He was asked when he will know when the school will be able to take the car to work on it; Mr. Crossley stated about 30 days. Moved by Waters, seconded by Van Deventer, the public hearing be continued for 30 days. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:25 p. 7- CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of August 8, 1978. (No corrections CITY OF NATIONAL CITY, CALIFORNIA 8/1/78